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2014 (5) TMI 669 - HC - Income TaxAppeal pending before Tribunal - Power of the AO to pass assessment order – Stay already granted – Held that:- Stay order granted by the ITAT was placed before the AO and was within the knowledge of ACIT as well - Neither ACIT nor AO was competent to proceed with the assessment proceeding in view of the stay granted by the ITAT vide order dated 26.12.2013 - ACIT, in violation of stay granted by the ITAT, granted permission to the AO to proceed with assessment and the AO has passed the order dated 14.03.2014 – revenue is granted two weeks’ time to file personal affidavits specifically stating as to how permission was granted to proceed with the assessment despite stay order granted by the Tribunal dated 26.12.2013 – Decided in favour of Assessee.
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